Pre-application matters

View Wills & Probate by content type:

Featured Wills & Probate content

Practice notes
Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...
Read More >
9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
Read More >
9th Nov
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
Read More >
9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
Read More >
9th Nov
Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
Read More >
9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
9th Nov
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
Read More >
9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
Read More >
9th Nov

Most recent Pre-application matters content

Practice notes
Personal representatives (PRs) should have no reason to be liable for losses to the estate, and it is possible to take actions to protect themselves...
Read More >
29th Nov
Practice notes
Although the construction of a Will or words or terms of a Will may be decided by a court the principles that are adopted do not lean towards the...
Read More >
29th Nov
Practice notes
Testator’s relationship to beneficiaryMost testators make gifts in their Wills to beneficiaries either by name or by description of the relationship...
Read More >
29th Nov
Practice notes
The differenceIt is tempting, and not entirely inaccurate, to describe the difference between common and solemn form probate as non-contentious and...
Read More >
29th Nov
Practice notes
In the normal course of events a Will sails through the probate process without a hitch but that process can be blocked before it begins with a...
Read More >
29th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
29th Nov
Practice notes
A person generally dies owning some form of property whether it be land, cash, furniture and so on. A grant may or may not be necessary depending on...
Read More >
29th Nov
Practice notes
While it is obvious that the beneficiary of a gift has to be ascertained, it is also important to ascertain when that gift vests in order to include...
Read More >
29th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
29th Nov
Practice notes
Over many years rules relating to the construction of Wills have taken on the appearance, if not the actuality, of artificiality, particularly in...
Read More >
29th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
29th Nov
Practice notes
Unknown claimsEven if personal representatives (PRs) are not aware of the claims of a beneficiary or creditor at the time of distribution, they remain...
Read More >
29th Nov
Practice notes
Need for a grantThe personal representatives (PRs) need a grant of probate or administration'>letters of administration to enable them to make title...
Read More >
29th Nov
Precedents
HMRC Trusts & Estates Inheritance TaxFerrers HouseCastle Meadow RoadNottinghamNG2 1BB1[enter date]Dear [...
Read More >
29th Nov
Precedents
[enter bank name][enter bank address]Dear [insert organisation name]The late [name of deceased]Account(s) number(ed): [enter account number(s)].I...
Read More >
29th Nov
Precedents
HMRC Trusts & Estates Inheritance TaxFerrers HouseCastle Meadow RoadNottinghamNG2 1BB1[enter date]Dear [insert organisation name]The late [name of...
Read More >
29th Nov
Precedents
[enter name of newspaper][enter address of newspaper]Dear [insert organisation name]The late [name of deceased]Please find enclosed:...
Read More >
29th Nov
Precedents
[enter bank name][enter bank address]Dear [insert organisation name]The late [name of deceased]Account[s] number[ed]: [enter joint account...
Read More >
29th Nov
Precedents
[enter name of broker][address of broker][enter date]Dear [insert organisation name]The late [name of deceased]Policy Number: [enter policy...
Read More >
29th Nov
Precedents
National Savings and InvestmentsGlasgowG58 1SB[enter date]Dear [insert organisation name]The late [name of deceased]Account[s] number[ed]: [enter...
Read More >
29th Nov

Popular documents